News / Local
MDC Alliance trio's trial postponed
15 Jul 2021 at 09:17hrs | Views
REGIONAL magistrate Mrs Vongai Guwuriro yesterday postponed to next month the matter in which MDC-Alliance members, Joana Mamombe, Netsai Marova and Cecilia Chimbiri, are alleged to have faked their abduction sometime in May last year.
She said their trial cannot commence before the High Court makes a definite conclusion on issues they took to the upper court.
Mrs Guwuriro postponed the matter to August 11 for routine remand saying she cannot supersede a High Court pronouncement. Mamombe, Marova and Chimbiri, who have been playing games aimed at delaying their trial, had opposed the commencement of their trial saying there was a High Court order that had stayed their trials.
The State led by Mr Michael Reza wanted the trial to commence saying he had agreed with the Prosecutor General to settle all the issues that Mamombe, Chimbiri and Marova were complaining of before the trial kicked-off.
"This is a long drawn matter. In April, the matter commenced before Mrs Makwande and they pleaded not guilty and were remanded to another date. In the interim, the accused made an application for review where they requested that the proceedings of April 28 be set aside and quashed," said Mr Reza.
"They made a specific request that the matter be given to another magistrate and that myself Michael Reza be recused from the matter. Justice Chitapi quashed the proceedings and referred that the issue of Mrs Makwande be heard by another judge.
"Justice Chitapi dismissed their request that the prosecutor recuse himself. Justice Chitapi then referred the issue of Mrs Makwande to Justice Chinamhora to decide on that since he was seized with their other matters. The Prosecutor-General instructed me that the matter be taken to another magistrate and that one that has been done all will be settled."
Lawyers Mr Alec Muchadehama, representing the trio, told the court that they have since placed the State on notice that they will make an application requesting further particulars, an application for exception to the charge and another application for referral of the matter to the Constitutional Court.
She said their trial cannot commence before the High Court makes a definite conclusion on issues they took to the upper court.
Mrs Guwuriro postponed the matter to August 11 for routine remand saying she cannot supersede a High Court pronouncement. Mamombe, Marova and Chimbiri, who have been playing games aimed at delaying their trial, had opposed the commencement of their trial saying there was a High Court order that had stayed their trials.
The State led by Mr Michael Reza wanted the trial to commence saying he had agreed with the Prosecutor General to settle all the issues that Mamombe, Chimbiri and Marova were complaining of before the trial kicked-off.
"This is a long drawn matter. In April, the matter commenced before Mrs Makwande and they pleaded not guilty and were remanded to another date. In the interim, the accused made an application for review where they requested that the proceedings of April 28 be set aside and quashed," said Mr Reza.
"They made a specific request that the matter be given to another magistrate and that myself Michael Reza be recused from the matter. Justice Chitapi quashed the proceedings and referred that the issue of Mrs Makwande be heard by another judge.
"Justice Chitapi dismissed their request that the prosecutor recuse himself. Justice Chitapi then referred the issue of Mrs Makwande to Justice Chinamhora to decide on that since he was seized with their other matters. The Prosecutor-General instructed me that the matter be taken to another magistrate and that one that has been done all will be settled."
Lawyers Mr Alec Muchadehama, representing the trio, told the court that they have since placed the State on notice that they will make an application requesting further particulars, an application for exception to the charge and another application for referral of the matter to the Constitutional Court.
Source - the herald
